Privacy Statement
Weiler Maloney Nelson (“Weilers”) is committed to protecting the privacy of personal information. Our lawyers have always been governed by a professional duty of confidentiality to our clients. As of January 1, 2004, the requirements of the Protection of Personal Information and Electronic Documents Act (“PIPEDA”) supplement this professional duty in relation to personal information collected, used, disclosed and retained by Weilers in the course of its commercial activities.
Personal Information
Personal information is defined as information about an identifiable individual, but does not include the name, title, business address or telephone number of an employee of an organization. Examples of personal information include a person’s name, age, home address, home phone number, health history, financial information, personal opinions and beliefs.
Collection and Use of Personal Information
Weilers collects personal information for the following purposes:
- to provide legal services
- for billing and account collection
- for accountability to the Law Society of Upper Canada
- to manage and develop its business and operations
- to advise clients and others of new developments in the law or provide commentary on the law through newsletters and other publications or seminars
Weilers only collects personal information that is reasonably necessary for identified purposes and only through lawful and fair means. Whenever possible we collect personal information directly from the individual.
Consent
Weilers must obtain consent from an individual for the collection, use and disclosure of the individual’s personal information, with some exceptions. Consent can be written, verbal or sometimes implied. Acceptable methods of giving consent vary depending upon the sensitivity of the personal information. Consent can be withdrawn at any time.
Disclosure
Weilers will only disclose personal information for the purposes identified when we collected it, for other purposes as directed or consented to by the individual, or when required by law. Disclosure of the personal information of clients is always subject to our professional duty of confidentiality .
In the course of providing legal representation, personal information may be disclosed to individuals or organizations such as experts engaged on a client’s behalf, government agencies such as the land registry office, insurers, lenders, opposing parties, mediators or arbitrators, and the court.
In the course of our business operations, Weilers engages third party service providers such as accountants, information technology professionals, and document service providers. Weilers ensures that any such service providers, to whom personal information may be transferred, have comparable privacy policies and procedures in place.
Retention
Weilers retains information only as long as necessary to fulfill the purpose for which it was collected. Personal information collected in the provision of legal services is retained for purposes such as providing ongoing services to the same client, audits of our services by the Law Society of Upper Canada, or defending services provided in the event of allegations of malpractice. Weilers must keep a record of clients to avoid any conflict of interest in the representation of future clients. Weilers has vetting procedures in place for closed files, keeping only what is necessary and often returning certain documents to the client for safekeeping.
Exceptions
The collection of personal information without the knowledge or consent of the individual is permitted under PIPEDA in certain circumstances, including where:
- the collection is clearly in the interests of the individual and consent cannot be obtained in a timely way;
- the collection is reasonable for investigating a breach of an agreement or a contravention of the laws of Canada or a province and the knowledge and consent of the individual would compromise the availability or accuracy of the information;
- the information is publicly available and is specified by the regulations (such as a name, address and phone number in a telephone directory).
The use of personal information without the knowledge or consent of the individual is permitted under PIPEDA in certain circumstances, including where:
- the information is used to investigate a contravention of the laws of Canada, a province or a foreign jurisdiction that has been is being or is about to be committed;
- the information is publicly available and is specified by the regulations.
The disclosure of personal information without the knowledge or consent of the individual is permitted under PIPEDA in certain circumstances, including where:
- an organization discloses the information to a lawyer who is representing the organization;
- the information is used to collect a debt owed by the individual to the organization;
- a subpoena, warrant, court order or the rules of court compel disclosure;
- the Proceeds of Crime (Money Laundering) and Terrorist Financing Act compels disclosure to a government institution;
- the information is publicly available and is specified by the regulations;
- it is required by law.
Security
Weilers takes reasonable precautions to protect personal information from loss, unauthorized access, modification or disclosure. These include premises security, restricted file access, shredding of confidential documents upon disposal and computer safeguards such as passwords, firewalls, and anti-virus protection. Please be aware that our email and fax transmissions are not encrypted, but are accompanied by a confidentiality statement.
Individual Access and Correction
An individual may request access to the personal information that Weilers holds about him or her, to know how this information is used and to whom it is disclosed. Weilers may charge a reasonable fee for such requests. If an individual establishes that the information Weilers holds about him or her is not accurate, we will take reasonable steps to correct it. Weilers strives to ensure that the personal information we hold is accurate, complete and up to date.
There are some circumstances where Weilers may deny an individual access to his or her personal information. For example:
- the information relates to existing or anticipated legal proceedings against you
- the information is protected by solicitor-client privilege
- the information cannot be disclosed without violating another individual’s privacy
- the request is frivolous or vexatious
Inquiries, Requests and Complaints
Please direct any inquiries, requests or complaints regarding Weilers collection, use, disclosure or retention of personal information to our Managing Partner:
Barristers and Solicitors
1001 William Street Suite 201
Thunder Bay, ON P7B 6M1
Phone: (807) 623-1111
Fax: (807) 623-4947
